Tree Removal Regulations

In compliance with the State of New Jersey regulations, a tree removal application must be submitted to the Zoning Department for review and approval prior to commencement of any tree removal. Upon review, tree replacement may be required.    

• All tree removal requests will require a copy of existing property survey, with the location of the trees sketched (if not already shown on survey). Identify the location of all trees to be removed with an X on the sketch with more information to be provided on the application forms. Colorized photographs are encouraged but not required.  
• Tree removal is prohibited in environmentally sensitive areas, including wetlands, conservation easements, wetlands buffers/transition areas, sand dunes, beaches, etc.
• Any property that is 10,000 square feet or less in size with an existing residential use shall be exempt from the shade tree replacement requirements, but still must submit a tree removal application for review and verification of environmentally sensitive areas, and/or other restrictive covenants on and/or adjacent to the property that may affect tree removal evaluation. Note that property is still subject to replacement requirements for Street Tree(s) removed. A tree removal application can only be completed digitally via the SDL Portal. Click HERE  for instructions on how to submit a tree removal application online.
• Exemptions from Tree Replacement requirements can be granted under certain circumstances and must include proper justification including, but not limited to: color photographs, certification on company letterhead from a Licensed Tree Expert or Certified Tree Arborist, and/or State agency documentation. 
• Exemptions may be granted if a tree meets one or more of the following criteria:  
  • Hazard trees may be removed with no fee or replacement requirement with proper written justification to determine tree is a hazard tree. “Hazard Tree” means a tree or limbs thereof that meet one or more of the criteria below:
    • Infectious disease or insect infestation
    • Dead or dying trees
    • Trees obstructing the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective
    • The tree is causing obvious damage to structures (such as building foundations, public recreational facilities, sidewalks, etc.);
    • The tree is determined to be a threat to public health, safety, and/or welfare by a Licensed Landscape Architect, Certified Arborist or Licensed Tree Expert (LTE); or 
    • Species confirmed to be Ailanthus altissima (Tree of Heaven).
  • Street Trees under 2.5” diameter at breast height; Shade Trees under 24” diameter; or,  Evergreen trees less than 10’.  
  • Any tree to be cut for personal use as firewood by the owner of such property. Not more than three trees shall be cut in any one year under this exemption. 
  • Commercial nurseries, garden centers, fruit orchards and tree farms in active operation.
  • Properties devoted to forest management and the active practice of silviculture for which farmland assessment has been approved and on file with the Township.
  • Trees removed in the course of an emergency declared by the federal, state, or Township government.
  • The removal of any trees that are part of an approved woodland management program pursuant to the provisions of the New Jersey Farmland Assessment Act of 1964, provided such plan and documentation is filed with the Tax Assessor.
  • Trees removed during the replacement or repair of a residential individual subsurface sewage disposal systems and/or the replacement or repair of a domestic water supply.
  • Trees removed pursuant to a NJDEP or US Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan.
  • Approved game management practices, as recommended by the NJDEP Division of Fish, Game and Wildlife.

See Township of Middletown Ordinance 2024-3446 (PDF) for complete details of ordinance and requirements.